Terms of service
status: May 2024
§1 Scope
The General Terms and Conditions (hereinafter referred to as "GTC") apply to all legal transactions concluded via the onlineshop www.aero-terminal.ch (hereinafter referred to as "onlineshop"). The onlineshop is operated by Terminal 870 GmbH.
Terminal 870 GmbH reserves the right to amend these GTC at any time. The version of these GTC applicable at the time of the order shall apply, which cannot be changed unilaterally for the respective order. Any terms and conditions of the customer that conflict with or deviate from these GTC shall not be recognized. These GTC shall be deemed to have been accepted when the goods or services are ordered.
§2 Offer and conclusion of contract
The offers of Terminal 870 GmbH in price lists, advertisements, internet search engines and social media do not constitute a legally binding offer, but an invitation to customers to place a binding order for this offer. Offered products are excluded from the binding availability. The offer is valid while stocks last.
By clicking on the order button in the onlineshop, the customer places a binding order for the products listed on the order page. The arrival of the online order is indicated to the customer by means of an automatically generated order confirmation from Terminal 870 GmbH sent to the e-mail address provided by the customer. Receipt of the automatically generated order confirmation does not constitute a promise that the product can actually be delivered. It merely indicates to the customer that the order placed has been received by the onlineshop and that the contract with Terminal 870 GmbH has therefore been concluded on the condition that delivery is possible and the price is correct. The sale is concluded with the acceptance of the order by Terminal 870 GmbH.
If it is determined after the order confirmation that delivery of the goods is not possible or that there was a price error, the order will be canceled or, in the case of price errors, if the goods have already been delivered, the price difference will be charged to the customer. In the event of price errors, the customer is entitled to return the goods to Terminal 870 GmbH if the customer does not agree to the subsequent settlement of the price difference. The customer may also withdraw from the contract due to the price error. In any case, the customer may not assert any further claims against Terminal 870 GmbH or a supplier.
The information in the sales documents (drawings, illustrations, dimensions, weights, specifications and other services) are only to be understood as approximate values and do not constitute a guarantee of properties unless they are expressly designated as binding in writing.
If the customer exceeds the credit limit by placing an order, Terminal 870 GmbH shall be released from its obligation to deliver.
For all product orders with a minimum age requirement of 18 years (in particular alcohol and tobacco products), the customer confirms compliance with these legal provisions when placing the order.
Orders, for example in quantities not customary for households, may be rejected without justification.
§3 Prices
The prices stated in the order confirmation are authoritative. These are fixed for goods in stock at the time of the order. In the event of delivery bottlenecks and errands, the current price on the order date shall apply. Prices are quoted in Swiss Francs including VAT and, unless otherwise agreed, excluding transportation costs. The current prices are published in the onlineshop; prices are subject to change and errors excepted. Terminal 870 GmbH reserves the right to change the prices of the products and services offered at any time.
In the case of deliveries abroad, all fees incurred for import and customs clearance must be paid by the buyer.
§4 Availability and delivery times
Dates and delivery periods are non-binding unless expressly agreed otherwise in writing. The specification of certain delivery periods and delivery dates by Terminal 870 GmbH is subject to the correct and timely delivery to Terminal 870 GmbH by suppliers and manufacturers. Terminal 870 GmbH attaches great importance to providing up-to-date and accurate information on availability in the online store. However, delays in delivery may occur, particularly due to production or delivery bottlenecks. All information on availability is therefore without guarantee and may change at any time. No exact delivery dates are known for the "pre-orders" category. Please note that items in these categories may have a delivery time of up to 6 years.
Terminal 870 GmbH endeavors to process and ship orders as quickly as possible. The delivery times stated in the online store refer exclusively to the duration of dispatch by the shipping service provider and do not include any processing times of Terminal 870 GmbH.
§5 Payment
Various payment methods are available to customers in the onlineshop. The available payment methods are published in the onlineshop. All payments must be made in Swiss Francs.
Payments by credit card or other instant payment methods will be charged to the customer's account when the order is placed. Purchases on account are payable net within 10 days.
Orders will only be processed and dispatched after full payment has been received.
Pre-orders must be paid for at the time the order is placed. Delivery will be made as soon as the items are available. Please note that items in the pre-order categories may have a delivery time of up to 6 years.
Terminal 870 GmbH reserves the right, if necessary, to carry out a credit check in accordance with Terminal 870 GmbH's privacy policy.
A payment is only deemed to have been made when Terminal 870 GmbH can dispose of the amount.
If payment is not made within the above-mentioned period, the customer shall be in default of payment, whereby Terminal 870 GmbH shall be entitled to charge interest at a rate of 5% from the date in question. During the period of default, Terminal 870 GmbH is also entitled to withdraw from the contract at any time, to demand the return of the delivered goods and to demand compensation for the loss of the contract. All claims shall become due immediately if the customer is in default of payment, culpably fails to comply with other material obligations under the contract or if Terminal 870 GmbH becomes aware of circumstances that are likely to reduce the creditworthiness of the customer, in particular suspension of payments, pendency of composition or bankruptcy proceedings. In such cases, Terminal 870 GmbH shall be entitled to withhold outstanding deliveries or to execute them only against advance payment or securities.
If the customer selects the delivery and payment option "Collection / Pickup (free of charge)", the products must be paid for in advance using the selected payment method and collected from the store within 14 calendar days. If the customer does not collect the ordered products from the store at Schaffhauserstrasse 76 in 8152 Glattbrugg ZH within this period, Terminal 870 GmbH may terminate (cancel) the contract.
§6 Retention of title
Ordered products remain the property of Terminal 870 GmbH until full payment has been made to Terminal 870 GmbH.
§7 Dunning and Collection Fees
If the customer defaults on payment, Terminal 870 GmbH shall send the customer a reminder by e-mail, in writing or by telephone. Terminal 870 GmbH reserves the right to charge reminder fees for the reminders issued. In the event of unsuccessful reminders, Terminal 870 GmbH may assign the claim to a third-party company commissioned with debt collection. The company commissioned with debt collection will assert the outstanding amounts in its own name and for its own account and may charge additional processing fees.
§8 Transfer of risk
The risk shall pass to the customer as soon as the consignment has been handed over to the company carrying out the transportation. If shipment is delayed or becomes impossible through no fault of Terminal 870 GmbH, the risk shall pass to the customer upon notification of readiness for shipment. Any assumption of transportation costs by Terminal 870 GmbH agreed in individual cases shall have no influence on the transfer of risk.
§9 Default of Acceptance
If the customer refuses to accept the delivery items after expiry of a grace period set for it or declares that it does not wish to accept the goods, Terminal 870 GmbH may refuse to fulfill the contract and demand compensation for non-performance. Terminal 870 GmbH is entitled to demand either a lump sum of 25% of the agreed purchase price or compensation for the actual damage incurred from the customer.
§10 Obligation to inspect
The customer must immediately check delivered or collected products for correctness, completeness and delivery damage.
Delivery damage, incorrect and incomplete deliveries must be reported to Terminal 870 GmbH within 3 calendar days from the time of collection or delivery. The report must be made by e-mail to Terminal 870 GmbH.
§11 Warranty / Guarantee
If the operating or maintenance instructions are not followed, changes are made, parts are replaced or consumables are used that do not comply with the original specifications, any warranty/guarantee is void if the defect is attributable to this. This also applies if the defect is due to improper use, storage and handling of the products and devices, or tampering or opening of devices.
Insignificant deviations from warranted characteristics of the goods do not trigger any warranty or guarantee rights. Liability for normal wear and tear, as well as consumables / accessories / enclosed batteries / enclosed or built-in rechargeable batteries is excluded.
Loose engines, antennas, landing gears, wheels, magnets, tails/stabilizers, wings, add-on parts and structural parts on models do not constitute damage to the model and are therefore not defects that entitle the model to be returned. The same applies to the printing of the paintwork on the model or its stand. Since each model is inserted by hand for printing, or even painted by hand, the color/paint/livery may vary from model to model. This is not recognized as a defect. Individual packaging may be faded or have cracks, dents and minor damage, which also does not constitute a defect or reason for return.
In the event of a warranty or guarantee claim, the customer shall be entitled to rectification, replacement or rescission. Terminal 870 GmbH shall be entitled to choose the type of defect rectification. If Terminal 870 GmbH decides to cancel the contract, a credit note will be issued at the current price (maximum the sales price at the time of the order).
The warranty period is not interrupted by any warranty or guarantee claim, but continues to run. The replacement of parts, assemblies or entire appliances does not result in a new warranty period.
Warranty or guarantee claims against Terminal 870 GmbH are only available to the direct customer and are not transferable.
The statutory warranty is excluded in its entirety.
§12 Returns
Customers have no right of return in accordance with the Swiss Code of Obligations. All products that are sent to customers are thoroughly and extensively checked before packaging and in some cases also photo-documented. Unless explicitly stated otherwise, only faultless and defect-free goods are sent.
§13 Changing or canceling the order
Orders obligate the customer to accept the products and services. Terminal 870 GmbH may, at its own discretion, accept subsequent changes or cancellations of orders placed by customers and charge a handling fee of 20% of the canceled order value, but at least CHF 50.
If a (partial) delivery impossibility (resolutory condition) occurs after an order or the conclusion of a contract, the customer will be informed immediately by e-mail. If the customer has already paid, this amount will be refunded. If no payment has yet been made, the customer shall be released from the obligation to pay. Further claims due to delayed delivery or failure to deliver are excluded.
§14 Limitation of Liability
Claims for damages arising from impossibility of performance, breach of contract, culpa in contrahendo and tort are excluded against Terminal 870 GmbH as well as against auxiliary persons and substitutes, except in cases of willful misconduct or gross negligence. No liability is accepted for consequential damage resulting from the use of the products.
Terminal 870 GmbH also rejects liability in the following cases:
- Improper storage, handling and use of the products;
- Use of incompatible spare parts or accessories;
- Failure to maintain and/or improper modification or repair of the products by the customer or a third party;
- Force majeure, in particular damage caused by the elements, moisture, falling and impact etc. for which Terminal 870 GmbH is not responsible and official orders.
§15 Copyright
Companies, brands, trademarks, trade names, images and logos used in the Terminal 870 GmbH onlineshop are the property of their respective owners.
§16 Data Protection
Terminal 870 GmbH undertakes to comply with data protection regulations when processing customer data. Further information on the handling of customer data can be found in the separate privacy policy. The data protection declaration is an integral part of these General Terms and Conditions. By accepting the General Terms and Conditions, the customer also agrees to the data protection declaration.
§17 Jurisdiction
Zurich is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.
§18 Final Provisions
Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions or the General Terms and Conditions as a whole. In place of the invalid provision, the relevant statutory provisions shall apply.